§ 17-12-23 — How Tie Vote Decided

(a) In all elections where there is a tie between the two highest candidates for the same office, for all county or precinct offices, it shall be decided by lot by the judge of probate of the county in the presence of the candidates; and in the case of the office of circuit judge, senator, representative, or any state officer not otherwise provided for, the Secretary of State, in the presence of the Governor and such other electors as may choose to be present, shall decide the tie by lot.
(b) Any judge of probate who is a candidate in the race in which there is a tie or openly participated in the promotion of candidates in the election that resulted in a tie shall not decide the outcome of the election. The presiding circuit court judge in the county shall replace the probate judge and break the tie by lot.

Legislative History

(Code 1876, §297; Code 1886, §395; Code 1896, §1652; Code 1907, §428; Code 1923, §518; Code 1940, T. 17, §3; §17-1-3; amended and renumbered by Act 2006-570, p. 1331, §56; Act 2022-337, §1.)